GUATEMALA

Compiled from the August 2004 Background Note and supplemented with additional information from the State Department and the editors of this volume. See the introduction to this set for explanatory notes.

Official Name:
Republic of Guatemala

PROFILE

Geography

Area: 108,890 sq. km. (42,042 sq. mi.); about the size of Tennessee.

Cities: Capital—Guatemala City (metro area pop. 2.5 million). Other major cities—Quetzaltenango, Escuintla.

Terrain: Mountainous, with fertile coastal plain.

Climate: Temperate in highlands; tropical on coasts.

People

Nationality: Noun and adjective—Guatemalan(s).

Population: (2004 est.) 14.3 million.

Annual population growth rate: (2004 est.) 2.61%.

Ethnic groups: Mestizo (mixed Spanish-Indian), indigenous.

Religions: Roman Catholic, Protestant, traditional Mayan.

Languages: Spanish, 24 indigenous languages (principally Kiche, Kaqchikel, Q'eqchi, and Mam).

Education: Years compulsory—6. Attendance—41%. Literacy—70.6%.

Health: Infant mortality rate—36.9/1,000. Life expectancy—65.19 yrs.

Work force: Services—40%; industry and commerce—37%; agriculture—15%; construction, mining, utilities—4%. Fifty percent of the population engages in some form of agriculture, often at the subsistence level outside the monetized economy.

Government

Type: Constitutional democratic republic.

Constitution: May 1985; amended November 1993.

Independence: September 15, 1821.

Branches: Executive—president (4-year term). Legislative—unicameral 158-member Congress (4-year term). Judicial—13-member Supreme Court of Justice (5-year term).

Administrative subdivisions: 22 departments (appointed governors); 331 municipalities with elected mayors and city councils.

Political parties: Gran Alianza Nacional (GANA—a coalition of three parties), Guatemalan Republican Front (FRG), National Advancement Party (PAN), National Union for Hope (UNE), New Nation Alliance (ANN), Unionists (Unionistas), Patriot Party (PP)

Suffrage: Universal for adults 18 and over who are not serving on active duty with the armed forces or police. A variety of procedural obstacles have historically reduced participation by poor, rural, and indigenous people.

Economy

GDP: (2002 est.) $23 billion ($46.2 billion PPP).

Annual growth rate: (2002 est.) 2.2%.

Per capita GDP: (2002 est.) $2,068 ($3,700 PPP).

Natural resources: Oil, timber, nickel.

Agriculture: (22% of GDP) Products—coffee, sugar, bananas, cardamom, vegetables, flowers and plants, timber, rice, rubber.

Manufacturing: (13% of GDP) Types—prepared food, clothing and textiles, construction materials, tires, pharmaceuticals.

Trade: (2002) Exports—$2.24 billion: coffee, sugar, cardamom, bananas, fruits and vegetables, petroleum, apparel. Major markets—U.S. 30%, Central American Common Market (CACM) 39%. Imports—$6.08 billion: fuels and lubricants, industrial machinery, motor vehicles, iron, and steel. Major suppliers—U.S. 36%, CACM 11%, Mexico 10%.

PEOPLE

More than half of Guatemalans are descendants of indigenous Mayan peoples. Westernized Mayans and mestizos (mixed European and indigenous ancestry) are known as Ladinos. Most of Guatemala's population is rural, though urbanization is accelerating. The predominant religion is Roman Catholicism, into which many indigenous Guatemalans have incorporated traditional forms of worship. Protestantism and traditional Mayan religions are practiced by an estimated 40% and 1% of the population, respectively. Though the official language is Spanish, it is not universally understood among the indigenous population. However, peace accords signed in December 1996 provide for the translation of some official documents and voting materials into several indigenous languages.

HISTORY

The Mayan civilization flourished throughout much of Guatemala and the surrounding region long before the Spanish arrived, but it was already in decline when the Mayans were defeated by Pedro de Alvarado in 1523-24. During Spanish colonial rule, most of Central America came under the control of the Captaincy General of Guatemala.

The first colonial capital, Ciudad Vieja, was ruined by floods and an earthquake in 1542. Survivors founded Antigua, the second capital, in 1543. In the 17th century, Antigua became one of the richest capitals in the New World. Always vulnerable to volcanic eruptions, floods, and earthquakes, Antigua was destroyed by two earthquakes in 1773. The remnants of its Spanish colonial architecture have been preserved as a national monument. The third capital, Guatemala City, was founded in 1776, after Antigua was abandoned.

Guatemala gained independence from Spain on September 15, 1821; it briefly became part of the Mexican Empire, and then for a period belonged to a federation called the United Provinces of Central America. From the mid-19th century until the mid-1980s, the country passed through a series of dictatorships, insurgencies (particularly beginning in the 1960s), coups, and stretches of military rule with only occasional periods of representative government.

1944 to 1986

In 1944, Gen. Jorge Ubico's dictatorship was overthrown by the "October Revolutionaries," a group of dissident military officers, students, and liberal professionals. A civilian President, Juan Jose Arevalo, was elected in 1945 and held the presidency until 1951. Social reforms initiated by Arevalo were continued by his successor, Col. Jacobo Arbenz. Arbenz permitted the communist Guatemalan Labor Party to gain legal status in 1952. By the mid-point of Arbenz's term, communists controlled key peasant organizations, labor unions, and the governing political party, holding some key government positions.

Despite most Guatemalans' attachment to the original ideals of the 1944 uprising, some private sector leaders and the military viewed Arbenz's policies as a menace. The army refused to defend the Arbenz government when a U.S.-backed group led by Col. Carlos Castillo Armas invaded the country from Honduras in 1954 and quickly took over the government. Gen. Miguel Ydigoras Fuentes took power in 1958 following the murder of Colonel Castillo Armas.

In response to the increasingly autocratic rule of Ydigoras Fuentes, a group of junior military officers revolted in 1960. When they failed, several went into hiding and established close ties with Cuba. This group became the nucleus of the forces that were in armed insurrection against the government for the next 36 years. Four principal leftwing guerrilla groups—the Guerrilla Army of the Poor (EGP), the Revolutionary Organization of Armed People (ORPA), the Rebel Armed Forces (FAR), and the Guatemalan Labor Party (PGT)—conducted economic sabotage and targeted government installations and members of government security forces in armed attacks. These organizations combined to form the Guatemalan National Revolutionary Unity (URNG) in 1982. At the same time, extreme rightwing groups of selfappointed vigilantes, including the Secret Anti-Communist Army (ESA) and the White Hand, tortured and murdered students, professionals, and peasants suspected of involvement in leftist activities.

Shortly after President Julio Cesar Mendez Montenegro took office in 1966, the army launched a major counterinsurgency campaign that largely broke up the guerrilla movement in the countryside. The guerrillas then concentrated their attacks in Guatemala City, where they assassinated many leading figures, including U.S. Ambassador John Gordon Mein in 1968. Between 1966 and 1982, there was a series of military or military-dominated governments.

On March 23, 1982, army troops commanded by junior officers staged a coup to prevent the assumption of power by Gen. Angel Anibal Guevara, the hand-picked candidate of outgoing President and Gen. Romeo Lucas Garcia. They denounced Guevara's electoral victory as fraudulent. The coup leaders asked retired Gen. Efrain Rios Montt to negotiate the departure of Lucas and Guevara. Rios Montt had been the candidate of the Christian Democracy Party in the 1974 presidential elections and was widely regarded as having been denied his own victory through fraud.

Rios Montt was at this time a lay pastor in the evangelical protestant "Church of the Word." In his 1982 inaugural address, he stated that his presidency resulted from the will of God. He formed a three-member military junta that annulled the 1965 constitution, dissolved Congress, suspended political parties, and canceled the electoral law. After a few months, Rios Montt dismissed his junta colleagues and assumed the de facto title of "President of the Republic."

Guerrilla forces and their leftist allies denounced Rios Montt. Rios Montt sought to defeat the guerrillas with military actions and economic reforms; in his words, "rifles and beans." In May 1982, the Conference of Catholic Bishops accused Rios Montt of being responsible for increased militarization of the country and for continuing military massacres of civilians. General Rios Montt was quoted in the New York

Times of July 18, 1982 as telling an audience of indigenous Guatemalans, "If you are with us, we'll feed you; if not, we'll kill you."

The government began to form local civilian defense patrols (PACs). Participation was in theory voluntary, but in reality, many Guatemalans, especially in the heavily indigenous northwest, had no choice but to join either the PACs or the guerrillas. Rios Montt's conscript army and PACs recaptured essentially all guerrilla territory—guerrilla activity lessened and was largely limited to hit-and-run operations. However, Rios Montt won this partial victory at an enormous cost in civilian deaths.

Rios Montt's brief presidency was probably the most violent period of the 36-year internal conflict, which resulted in about 200,000 deaths of mostly unarmed indigenous civilians. Although leftist guerrillas and rightwing death squads also engaged in summary executions, forced disappearances, and torture of noncombatants, the vast majority of human rights violations were carried out by the Guatemalan military and the PACs they controlled. The internal conflict is described in great detail in the reports of the Historical Clarification Commission (CEH) and the Archbishop's Office for Human Rights (ODHAG). The CEH estimates that government forces were responsible for 93% of the violations; ODHAG earlier estimated that government forces were responsible for 80%.

On August 8, 1983, Rios Montt was deposed by his own Minister of Defense, Gen. Oscar Humberto Mejia Victores, who succeeded him as de facto President of Guatemala. Mejia justified his coup, saying that "religious fanatics" were abusing their positions in the government and also because of "official corruption." Seven people were killed in the coup, although Rios Montt survived to found a political party (the Guatemalan Republic Front) and to be elected President of Congress in 1995 and 2000. Awareness in the United States of the conflict in Guatemala, and its ethnic dimension, increased with the 1983 publication of the book I, Rigoberta Menchu, An Indian Woman in Guatemala. The book recounts the life of the title character, a young woman whose often tragic life experiences reflect the experiences common to many indigenous people suffering under that nation's injustices.

General Mejia allowed a managed return to democracy in Guatemala, starting with a July 1, 1984 election for a Constituent Assembly to draft a democratic constitution. On May 30, 1985, after 9 months of debate, the Constituent Assembly finished drafting a new constitution, which took effect immediately. Vinicio Cerezo, a civilian politician and the presidential candidate of the Christian Democracy Party, won the first election held under the new constitution with almost 70% of the vote, and took office on January 14, 1986.

1986 to 2003

Upon its inauguration in January 1986, President Cerezo's civilian government announced that its top priorities would be to end the political violence and establish the rule of law. Reforms included new laws of habeas corpus and amparo (court-ordered protection), the creation of a legislative human rights committee, and the establishment in 1987 of the Office of Human Rights Ombudsman. The Supreme Court also embarked on a series of reforms to fight corruption and improve legal system efficiency. With Cerezo's election, the military moved away from governing and returned to the more traditional role of providing internal security, specifically by fighting armed insurgents. The first 2 years of Cerezo's administration were characterized by a stable economy and a marked decrease in political violence.

Dissatisfied military personnel made two coup attempts in May 1988 and May 1989, but military leadership supported the constitutional order. The government was heavily criticized for its unwillingness to investigate or prosecute cases of human rights violations. The final 2 years of Cerezo's government were also marked by a failing economy, strikes, protest marches, and allegations of widespread corruption. The government's inability to deal with many of the nation's problems—such as infant mortality, illiteracy, deficient health and social services, and rising levels of violence—contributed to popular discontent.

Presidential and congressional elections were held on November 11, 1990. After a runoff ballot, Jorge Serrano was inaugurated on January 14, 1991, thus completing the first transition from one democratically elected civilian government to another. Because his Movement of Solidarity Action (MAS) Party gained only 18 of 116 seats in Congress, Serrano entered into a tenuous alliance with the Christian Democrats and the National Union of the Center (UCN).

The Serrano administration's record was mixed. It had some success in consolidating civilian control over the army, replacing a number of senior officers and persuading the military to participate in peace talks with the URNG. Serrano took the politically unpopular step of recognizing the sovereignty of Belize. The Serrano government reversed the economic slide it inherited, reducing inflation and boosting real growth.

On May 25, 1993, Serrano illegally dissolved Congress and the Supreme Court and tried to restrict civil freedoms, allegedly to fight corruption. The "autogolpe" (or self-initiated coup) failed due to unified, strong protests by most elements of Guatemalan society, international pressure, and the army's enforcement of the decisions of the Court of Constitutionality, which ruled against the attempted takeover. In the face of this resistance, Serrano fled the country.

On June 5, 1993, the Congress, pursuant to the 1985 constitution, elected the Human Rights Ombudsman, Ramiro De Leon Carpio, to complete Serrano's presidential term. De Leon, not a member of any political party and lacking a political base but with strong popular support, launched an ambitious anticorruption campaign to "purify" Congress and the Supreme Court, demanding the resignations of all members of the two bodies.

Despite considerable congressional resistance, presidential and popular pressure led to a November 1993 agreement brokered by the Catholic Church between the administration and Congress. This package of constitutional reforms was approved by popular referendum on January 30, 1994. In August 1994, a new Congress was elected to complete the unexpired term. Controlled by the anti-corruption parties—the populist Guatemalan Republican Front (FRG) headed by ex-Gen. Efrain Rios Montt, and the center-right National Advancement Party (PAN)—the new Congress began to move away from the corruption that characterized its predecessors.

Under De Leon, the peace process, now brokered by the United Nations, took on new life. The government and the URNG signed agreements on human rights (March 1994), resettlement of displaced persons (June 1994), historical clarification (June 1994), and indigenous rights (March 1995). They also made significant progress on a socioeconomic and agrarian agreement. National elections for president, the Congress, and municipal offices were held in November 1995. With almost 20 parties competing in the first round, the presidential election came down to a January 7, 1996 runoff in which PAN candidate Alvaro Arzu defeated Alfonso Portillo of the FRG by just over 2% of the vote. Arzu won because of his strength in Guatemala City, where he had previously served as mayor, and in the surrounding urban area. Portillo won all of the rural departments except Peten. Under the Arzu administration, peace negotiations were concluded, and the government signed peace accords ending the 36-year internal conflict in December 1996. The human rights situation also improved during Arzu's tenure, and steps were taken to reduce the influence of the military in national affairs.

Guatemala held presidential, legislative, and municipal elections on November 7, 1999, and a runoff presidential election on December 26. In the first round the Guatemalan Republican Front (FRG) won 63 of 113 legislative seats, while the National Advancement Party (PAN) won 37. The New Nation Alliance (ANN) won 9 legislative seats, and three minority parties won the remaining four. In the runoff on December 26, Alfonso Portillo (FRG) won 68% of the vote to 32% for Oscar Berger (PAN). Portillo carried all 22 departments and Guatemala City, which was considered the PAN's stronghold. Portillo was criticized during the campaign for his relationship with the FRG's chairman, former Gen. Efrain Rios Montt, the de facto President of Guatemala in 1982-83. Many charged that some of the worst human rights violations of the internal conflict were committed under Rios Montt's rule. Nevertheless, Portillo's impressive electoral triumph, with two-thirds of the vote in the second round, gave him a claim to a mandate from the people to carry out his reform program.

President Portillo pledged to maintain strong ties to the United States, further enhance Guatemala's growing cooperation with Mexico, and participate actively in the integration process in Central America and the Western Hemisphere. Domestically, he vowed to support continued liberalization of the economy, increase investment in human capital and infrastructure, establish an independent central bank, and increase revenue by stricter enforcement of tax collections rather than increasing taxation. Portillo also promised to continue the peace process, appoint a civilian defense minister, reform the armed forces, replace the military presidential security service with a civilian one, and strengthen protection of human rights. He appointed a pluralist cabinet, including indigenous members and others not affiliated with the FRG ruling party.

Progress in carrying out Portillo's reform agenda was slow at best, with the notable exception of a series of reforms sponsored by the World Bank to modernize bank regulation and criminalize money laundering. The administration made some progress on such issues as taking state responsibility for past human rights cases, supporting human rights in international forums, and pressing labor rights reforms, but it failed to show significant advances on combating impunity in past human rights cases, military reforms, and legislation to increase political participation. It renounced a so-called Fiscal Pact that had been established together with business and civil society groups to finance the reforms called for under the peace accords. The government later was involved in a series of high-level corruption scandals, none of which resulted in successful prosecution of those responsible. The United States determined in April 2003 that Guatemala had failed to demonstrably adhere to its international counternarcotics commitments during the previous year. The popularity of the government, as measured by opinion polls, steadily declined as evidence of corruption and mismanagement accumulated.

A high crime rate and a serious and worsening public corruption problem were cause for concern for the Government of Guatemala. These problems, in addition to issues related to the often violent harassment and intimidation by unknown assailants of human rights activists, judicial workers, journalists, and witnesses in human rights trials, led the government to begin serious attempts in 2001 to open a national dialogue to discuss the considerable challenges facing the country. This dialogue has not taken place, despite the creation of the Guatemalan Forum, a coalition of civil society and private sector interests calling for political reforms.

National elections were held on November 9, 2003. Oscar Berger Perdomo of the Grand National Alliance (GANA) party won the election, receiving 54.1% of the vote. His opponent, Alvarado Colom Caballeros of the Nation Unity for Hope (UNE) party received 49.1% of the vote. The new government assumed office on January 14, 2004.

GOVERNMENT

Guatemala's 1985 constitution provides for a separation of powers among the executive, legislative, and judicial branches of government. The 1993 constitutional reforms included an increase in the number of Supreme Court justices from 9 to 13. The reforms reduced the terms of office for president, vice president, and congressional representatives from 5 years to 4 years, and for Supreme Court justices from 6 years to 5 years; they increased the terms of mayors and city councils from 2-1/2 years to 4 years.

The president and vice president are directly elected through universal suffrage and limited to one term. A vice president can run for president after 4 years out of office. Supreme Court justices are elected by the Congress from a list submitted by the bar association, law school deans, a university rector, and appellate judges. The Supreme Court and local courts handle civil and criminal cases. There also is a separate Constitutional Court.

Guatemala has 22 administrative subdivisions (departments) administered by governors appointed by the president. Guatemala City and 331 other municipalities are governed by popularly elected mayors or councils.

Principal Government Officials

Last Updated: 10/20/04

President: Berger , Oscar
Vice President: Stein , Eduardo
Min. of Agriculture: Aguilar , Alvaro
Min. of Communication & Public Works: Castillo , Eduardo
Min. of Culture & Sports: Salazar Tezaguic , Manuel
Min. of Defense: Mendez Pinelo , Cesar Augusto, Brig. Gen.
Min. of Economy: Cuevas, Marcio
Min. of Education: Acena , Maria del Carmen
Min. of Energy & Mines: Gonzalez , Roberto
Min. of Environment & Natural Resources: Dary Fuentes , Juan Mario
Min. of Finance: del Cid , Maria Antonieta
Min. of Foreign Affairs: Briz Abulara , Jorge
Min. of Government: Vielman , Carlos
Min. of Health: Tulio Sosa , Marco
Min. of Labor: Gallardo , Jorge
Min. of Public Health:
Attorney General: de Leon , Carlos David
Solicitor General: Rosales , Luis Alfonso
Sec. Gen. of the Presidency: Mijangos , Luis
Pres., Bank of Guatemala: Sosa Lopez , Lizardo
Ambassador to the US: Castillo , Guillermo
Permanent Representative to the UN, New York: Rosenthal , Gert

The Guatemalan embassy is located at 2220 R Street, NW, Washington, DC 20008 (tel. 202-745-4952; email: [email protected]). Consulates are in Washington, New York, Miami, Chicago, Houston, San Francisco, Denver, and Los Angeles, and honorary consuls in Montgomery, San Diego, Ft. Lauderdale, Atlanta, Leavenworth, Lafayette, New Orleans, Minneapolis, Philadelphia, Pittsburgh, San Juan, Providence, Memphis, San Antonio, and Seattle. See the State Department Web page: http://www.state.gov/s/cpr/rls/fco/

POLITICAL CONDITIONS

The 1999 presidential and legislative elections were considered by international observers to have been free and fair. Participation by women and indigenous voters was higher than in the recent past, although concerns remained regarding the accessibility of polling places in rural areas.

Portillo's landslide victory combined with an FRG majority in Congress suggested possibilities for rapid legislative action. However, under the Guatemalan constitution of 1985, passage of many kinds of legislation requires a two-thirds vote. Passage of such legislation was not possible, therefore, with FRG votes alone.

The political balance was disrupted in 2000 when allegations surfaced that the FRG had illegally altered legislation. Following an investigation, the Supreme Court stripped those involved—including President of Congress and FRG chief Rios Montt—of their legislative immunity to face charges in the case. At roughly the same time, the PAN opposition suffered an internal split and broke into factions; the same occurred in the ANN. Reforms essential to peace implementation still await legislative action.

The government increased several tax rates in 2001 in an attempt to meet the target of increasing its tax burden (at about 10.7% of GDP, currently the lowest in the region) to 12% of GDP. However, protestors took to the streets massively when the government sought further increases in August 2001, declaring their opposition to any new taxes until the Portillo administration provided better accountability for the taxes it already received.

Violent harassment of human rights workers presented a serious challenge in 2002 and 2003. Common crime, aggravated by a legacy of violence and vigilante justice, presented another serious challenge. Impunity remained a major problem, primarily because democratic institutions, including those responsible for the administration of justice, have developed only a limited capacity to cope with this legacy. Guatemala's judiciary is independent; however, it suffered during 2003 from inefficiency, corruption, and intimidation.

In early 2003, the government accepted the Human Rights Ombudsman's proposal for a U.N.-led commission to investigate possible links between illegal clandestine groups or security forces and attacks on human rights defenders and organized crime. By the end of 2003, the agreement was scheduled to be submitted to the Congress for ratification in January 2004. The UN Verification Mission in Guatemala (MINUGUA) continued to monitor peace accord implementation and human rights problems, and the UN extended its mandate to the end of 2004, at the government's request.

Elections for president, considered by international observers to be free and fair, were held in November and December 2003. Oscar Berger of the three-party coalition Grand National Alliance (GANA) won a 4-year term; he took office in January 2004.

ECONOMY

After the signing of the final peace accord in December 1996, Guatemala was well-positioned for rapid economic growth over the next several years, until a financial crisis in 1998 disrupted the course of improvement. The subsequent collapse of coffee prices left what was once the country's leading export sector in depression and had a severe impact on rural incomes. Foreign investment inflows have also been weak, with the exception of the privatization of utilities. Potential investors, both foreign and domestic, cite corruption, lack of physical security, a climate of confrontation between the government and private sector, and unreliable mechanisms for contract enforcement as the principal barriers to new business. On a more positive note, Guatemala's macroeconomic management was sound under the Portillo administration, and its foreign debt levels are modest. The country subscribed to a standby agreement with the International Monetary Fund (IMF) in 2002, which it extended in June 2003 after satisfactorily meeting its targets.

Guatemala's economy is dominated by the private sector, which generates about 85% of GDP. Agriculture contributes 22% of GDP and accounts for 75% of exports. Most manufacturing is light assembly and food processing, geared to the domestic, U.S., and Central American markets. Over the past several years, tourism and exports of textiles, apparel, and nontraditional agricultural products such as winter vegetables, fruit, and cut flowers have boomed, while more traditional exports such as sugar, bananas, and coffee continue to represent a large share of the export market.

The United States is the country's largest trading partner, providing 36% of Guatemala's imports and receiving 30% of its exports. The government 's involvement is small, with its business activities limited to public utilities—some of which have been privatized—ports and airports, and several development-oriented financial institutions. Guatemala was certified to receive export trade benefits under the U.S. Caribbean Basic Trade and Partnership Act (CBTPA), and it enjoys access to U.S. Generalized System of Preferences (GSP) benefits. Guatemala's benefits under both the CBTPA and GSP have periodically been subjected to review due to concerns over serious worker rights protection issues.

Passage of labor code reforms in May 2001, and the successful prosecution of labor rights violations against banana union workers dating to 1999 were encouraging, and the review that year was lifted. However, there is continuing concern over the failure to prosecute perpetrators of violence against labor leaders and reinstate workers who have been illegally fired.

Current economic priorities include ratification of a U.S.-Central America Free Trade Agreement, commonly known as CAFTA, which was signed on May 28, 2004. Priorities within CAFTA include eliminating customs tariffs on as many categories of goods as possible; opening services sectors; and creating clear and readily enforceable rules in areas such as investment, government procurement, intellectual property protection, customs procedures, electronic commerce, the use of sanitary and phyto-sanitary measures to protect public health, and resolution of business disputes. Import tariffs have already been lowered together with Guatemala's partners in the Central American Common Market, with most now under 15%.

Other priorities include increasing transparency and accountability in Guatemala's public finances, broadening the tax base, and completing implementation of financial sector reforms. These measures attempt to ensure that Guatemala can comply with the standards of the international Financial Action Task Force for detecting and preventing money laundering.

The United States, along with other donor countries—especially France, Italy, Spain, Germany, and Japan—and the international financial institutions, have increased development project financing since the signing of the peace accords. However, donors' support remains contingent upon Guatemalan Government reforms and counterpart financing.

The distribution of income and wealth remains highly skewed. The wealthiest 10% of the population receives almost one-half of all income; the top 20% receives two-thirds of all income. As a result, about 80% of the population lives in poverty, and twothirds of that number—or 7.6 million people—live in extreme poverty. Guatemala's social development indicators, such as infant mortality and illiteracy, are among the worst in the hemisphere. Chronic malnutrition among the rural poor worsened with the onset of the crisis in coffee prices, and the United States has provided disaster assistance and food aid in response.

NATIONAL SECURITY

Guatemala is a signatory to the Rio Pact and is a member of the Central American Defense Council (CONDECA). The president is commander in chief. The Defense Minister is responsible for policy. Day-to-day operations are the responsibility of the military chief of staff and the national defense staff.

An agreement signed in September 1996, which is one of the substantive peace accords, mandated that the mission of the armed forces change to focus exclusively on external threats. However, both former President Arzu and his successor President Portillo used a constitutional clause to order the army to temporarily support the police in response to a nationwide wave of violent crime.

The accord calls for a one-third reduction in the army's authorized strength and budget—already achieved—and for a constitutional amendment to permit the appointment of a civilian Minister of Defense. A constitutional amendment to this end was defeated as part of a May 1999 plebiscite, but discussions on how to achieve this objective continue between the executive and legislative branches.

The army has gone beyond its accord-mandated target of reducing its strength to 28,000 troops, and numbered 15,000 troops as of June 2004. It is equipped with armaments and materiel from the United States, Israel, Serbia and Montenegro, Taiwan, Argentina, Spain, and France. As part of the army downsizing, the operational structure of 19 military zones and three strategic brigades are being recast as several military zones are eliminated and their area of operations absorbed by others. The air force operates three air bases; the navy has two port bases. Additionally, recent steps have been taken to rede-fine the military's mission—the military doctrine has been rewritten, and there has been an increase in cooperation with civil society to help bring about this reform.

FOREIGN RELATIONS

Guatemala's major diplomatic interests are regional security and, increasingly, regional development and economic integration. Guatemala participates in several regional groups, particularly those related to trade and the environment.

The Council of Central American Ministers of Trade meets on a regular basis to work on regional approaches to trade issues. The council signed a Trade and Investment Framework Agreement (TIFA) with the U.S. in 1998, and was part of the negotiations that led to the creation of CAFTA. Guatemala joined Honduras and El Salvador in signing a free trade agreement with Mexico in 2000, which went into effect the following year. Guatemala also originated the idea for, and is the seat of, the Central American Parliament (PARLACEN).

President Bill Clinton and the Central American presidents signed the CONCAUSA (Conjunto Centroamerica-USA) agreement at the Summit of the Americas in December 1994. CONCAUSA is a cooperative plan of action to promote clean, efficient energy use; conserve the region's biodiversity; strengthen legal and institutional frameworks and compliance mechanisms; and improve and harmonize environmental protection standards.

Guatemala has a long-standing claim to a large portion of Belize; the territorial dispute caused problems with the United Kingdom and later with Belize following its 1981 independence from the U.K. In December 1989, Guatemala sponsored Belize for permanent observer status in the Organization of American States (OAS). In September 1991, Guatemala recognized Belize's independence and established diplomatic ties, while acknowledging that the boundaries remained in dispute. In anticipation of an effort to bring the border dispute to an end in early 1996, the Guatemalan Congress ratified two long-pending international agreements governing frontier issues and maritime rights. In 2001, Guatemala and Belize agreed to a facilitation process led by the OAS to determine the land and maritime borders separating the two countries. National elections in Guatemala put a temporary halt to progress in this forum, but discussions are expected to resume in 2004.

U.S.-GUATEMALAN RELATIONS

Relations between the United States and Guatemala traditionally have been close, although at times strained by human rights and civil/military issues. U.S. policy objectives in Guatemala include:

• Supporting the institutionalization of democracy and implementation of the peace accords;
• Ratification of a free trade agreement, together with the other Central American countries;
• Encouraging respect for human rights and the rule of law, and implementation of the Commission for the Investigation of Illegal Groups and Clandestine Security Organizations in Guatemala (CICIACS);
• Supporting broad-based economic growth and sustainable development and maintaining mutually beneficial trade and commercial relations;
• Cooperating to combat money laundering, corruption, narcotics trafficking, alien-smuggling, and other transnational crime; and
• Supporting Central American integration through support for resolution of border/territorial disputes.

The United States, as a member of "the Friends of Guatemala," along with Colombia, Mexico, Spain, Norway, and Venezuela, played an important role in the UN-moderated peace accords, providing public and behind-the-scenes support. The U.S. strongly supports the six substantive and three procedural accords, which, along with the signing of the December 29, 1996 final accord, form the blueprint for profound political, economic, and social change. To that end, the U.S. Government has committed nearly $400 million to support peace implementation since 1997.

Although almost all of the 180,000 U.S. tourists who visit Guatemala annually do so without incident, in recent years the number of violent crime reported by U.S. citizens has steadily increased. Increases in the number of Americans reported as victims of violent crime may be the result of any combination of factors: increased numbers of Americans traveling to Guatemala; increased accuracy in the Embassy's reporting of crime; more Americans traveling to higher risk areas of Guatemala; or more crime.

Most U.S. assistance to Guatemala is provided through the U.S. Agency for International Development's (USAID) offices for Guatemala and Central American Programs (USAID/G-CAP). USAID's programs support U.S. foreign policy objectives by promoting reforms in democratic governance, economic growth, and the social sectors, with special emphasis on the rural indigenous poor whose lives have been most seriously affected by the internal civil conflict. In addition to earning low incomes, these populations have limited economic opportunities for economic advancement, lack access to social services, and have limited access to, or influence over, the policymaking processes. Totaling $50 million to $55 million annually, USAID programs pursue six objectives. These are:

• Supporting the implementation of the 1996 peace accords;
• Aiding the improvement of the legal system and assisting citizens in its use;
• Increasing educational access and quality for all Guatemalans;
• Improving the health of Guatemalan women, children, and rural families;
• Increasing the earning capacity of poor rural families; and
• Expanding natural resources management and conservation of biodiversity.

USAID's largest program is the support of the peace accords. The accords require major investments in health, education, and other basic services to reach the rural indigenous poor and require the full participation of the indigenous people in local and national decision-making. They also call for a profound restructuring of the state, affecting some of its most fundamental institutions—the military, the national police, and the system of justice—in order to end impunity and confirm the rule of law. Finally, they require basic changes in tax collection and expenditure and improved financial management.

USAID's regional Central America Program is also based in Guatemala. Providing between $20 million and $30 million in annual assistance, USAID's regional program—in coordination with the U.S. Embassies in the region and bilateral USAID missions in Nicaragua, Honduras, El Salvador, and Panama—supports four key objectives. These are:

• Promotion of free trade;
• Expansion of Central American natural resources management and conservation;
• Advancement of regional HIV/AIDS services and information; and
• Rural diversification to enhance incomes.

Principal U.S. Embassy Officials

GUATEMALA (E) Address: Ave. Reforma 7-01, Zona 10; APO/FPO: APO AA 34024; Phone: (502) 2326-4000; Fax: (502) 2331-6660; INMARSAT Tel: 683133345; Workweek: Mon-Thu: 7:30 to 5:00 p.m. and Friday 7:30 to 12:30; Website: usembassy.state.gov/guatemala

Other Contact Information

U.S. Department of Commerce
International Trade Administration
Trade Information Center
14th and Constitution, NW
Washington, DC 20230
Tel: 800-USA-TRADE
Internet: http://www.ita.doc.gov

American Chamber of Commerce in Guatemala
5a avenida 5-55 zona 14 Europlaza,
Torre I Nivel 5
01014 Guatemala City, Guatemala
Tel: (502) 2333-3899;
Fax: (502) 2368-3536
E-Mail: [email protected]

Caribbean/Latin American Action (C/LAA)
1818 N Street, NW, Suite 310
Washington, DC 20036
Tel.: 202-466-7464;
Fax: 202-822-0075

TRAVEL

Consular Information Sheet

July 8, 2004

Country Description: Guatemala has a developing economy, characterized by wide income disparities. Hotels and other tourist facilities in areas frequented by visitors from the United States are generally good. A peace accord, signed in 1996, ended a 36-year armed conflict. Violent crime, however, is a serious and growing concern due to endemic poverty, an abundance of weapons, a legacy of societal violence, and a dysfunctional judicial system.

Entry/Exit Requirements: A valid U.S. passport is required for all U.S. citizens to enter Guatemala and to depart Guatemala for return to the U.S. Even if dual nationals are permitted to enter Guatemala on a second nationality passport, U.S. citizens returning to the United States from Guatemala are not allowed to board their flights without a valid U.S. passport. Certificates of Naturalization, birth certificates, driver's licenses, and photocopies are not acceptable alternative travel documents. While in Guatemala, U.S. citizens should carry their passports, or a photocopy of their passports, with them at all times.

An exit tax must be paid when departing Guatemala. The exit tax (currently $30) is generally included in an airline ticket price, but may be charged separately. There is an additional airport security fee (20 Quetzales, approximately $2.50) that all travelers must pay at the airport.

Minors under 18 traveling with a valid U.S. passport need no special permission from their parents to enter or leave Guatemala. U.S. citizens do not need a visa for a stay of 90 days or less (that period can be extended for an additional 180 days upon application to Guatemalan immigration). Recently, in an attempt to stay longer than 90 or 180 days, some foreign nationals, including U.S. citizens, have obtained false or fraudulent immigration stamps in their passports showing they left and reentered Guatemala. Immigration officials have detained and fined several such individuals.

A U.S. citizen whose passport is lost or stolen in Guatemala must obtain a new passport at the U.S. Embassy as soon as possible and present it, together with a police report of the loss or theft, to the Dirección de Migración (Guatemalan immigration agency), Sub-director for Migratory Control, to obtain permission to depart Guatemala. The agency is located at 4 Calle 4-37, Zone 9. Office hours are weekdays from 8:00 a.m. to 4:00 p.m.; telephone 360-8578, 360-8544, 360-8580 or 360-8540. No fee is charged by Guatemalan immigration for this service.

For further information regarding entry, exit and customs requirements, travelers should contact the Guatemalan Embassy at 2220 R Street, NW, Washington, DC 20008; telephone (202) 745-4952, extension 102; fax (202) 745-1908; e-mail at [email protected]; Internet web site—http://www.guatemalaembassy.org or contact the nearest Guatemalan consulate (Chicago, Denver, Houston, Los Angeles, Miami, New York, or San Francisco).

Safety and Security: Violent criminal activity has been a problem in all parts of Guatemala for years, including numerous murders, rapes, and armed assaults against foreigners. The police force is young, inexperienced, and under-funded, and the judicial system is weak, overworked, and inefficient. Criminals, armed with an impressive array of weapons, know that there is little chance they will be caught and punished.

Large demonstrations occasionally occur throughout Guatemala, often with little or no notice, and they can cause serious traffic disruptions. Although most demonstrations are peaceful, they can turn violent, and travelers should avoid areas where demonstrations are taking place. The use of roadblocks and/or blocking of public facilities, including the international airport, has increased and demonstrators may prevent tourists caught behind the blockades from leaving.

The following recommendations will help residents and visitors alike to increase their safety:

Avoid gatherings of agitated people. Guatemalan citizen frustration with crime and a lack of appropriate judicial remedies has led to violent incidents of vigilantism, including lynchings, especially in more isolated, rural areas. Attempting to intervene may put you at risk of attacks from mobs.

Avoid close contact with children, including taking photographs, especially in rural areas. Such contact can be viewed with deep alarm and may provoke panic and violence. Rumors of foreigners stealing children to sell surface periodically and can provoke a violent response towards strangers. Foreign tourists have been attacked by mobs and one has been killed.

Keep informed of possible demonstrations by following the local news and consulting hotel personnel and tour guides. Avoid areas where demonstrations are occurring.

Strong currents, riptides, and under-tow along Guatemala 's Pacific Coast beaches pose a serious threat to even the strongest swimmers. Signs warning of treacherous surf are rare and confined mostly to private beaches owned by hotels. Lifeguards are rarely present on beaches.

Tourists planning to climb Pacaya and Agua volcanoes during Guatemala 's rainy season (May through October) should plan their climb for the morning hours, when it is less likely that thunderstorms will occur. Climbers should monitor the weather situation and return to the base of the volcano as quickly as safely possible if thunderstorms gather.

A Canadian tourist was recently killed by lightening while climbing Pacaya. In addition, armed robbers have targeted tourists while they were climbing these popular destinations. Climbing in groups reduces, but does not eliminate, the risk of assault.

More information about tourist security is available from the Tourist Protection Office of INGUAT (the Guatemalan Tourist Board) at 7a Avenida 1-17, Zona 4 Centro Cívico, Ciudad de Guatemala; telephone (502) 331-1333 to 1347, extensions 241 and 243; fax (502) 331-8893; e-mail at [email protected] or [email protected]. Tourist groups may request security assistance from INGUAT, Attention: Coordinator of the National Tourist Assistance Program. The request should be submitted by mail, fax or e-mail and should arrive at INGUAT at least three business days in advance of the proposed travel, giving the itinerary, names of travelers, and model and color of vehicle in which they will be traveling.

For the latest security information, Americans traveling abroad should regularly monitor the Department's Internet website at http://travel.state.gov where the current Worldwide Caution Public Announcement, Travel Warnings and Public Announcements can be found. Up to date information on security can also be obtained by calling 1-888-407-474 toll free in the United States, or, for callers outside the United States and Canada, a regular toll line at 1-317-472-2328. These numbers are available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays).

Crime: The number of violent crimes reported by U.S. citizens and other foreigners has increased in recent years. Incidents include, but are not limited to, assault, theft, armed robbery, carjacking, rape, kidnapping, and murder. Criminals generally operate in groups of four or more and are considerably confrontational and violent. Gangs are a growing concern in Guatemala City as well as in rural Guatemala. Gang members are often well armed with sophisticated weaponry and they sometimes use massive amounts of force. Emboldened armed robbers have attacked vehicles on main roads in broad daylight. Travel on rural roads always increases the risk of a criminal roadblock or ambush. Widespread narcotics and alien smuggling activities can make remote areas especially dangerous. Though there is no evidence that Americans are particularly targeted, criminals look for every opportunity to attack, so all travelers should remain constantly vigilant.

Rather than traveling alone, use a reputable tour organization. Stay in groups; travel in a caravan consisting of two or more vehicles; and, stay on the main roads. Ensure that someone not traveling with you is aware of your itinerary. Resist the temptation to stay in budget hotels, which are generally more susceptible to crime. Travel after dark anywhere in Guatemala is extremely dangerous. Stay in the main tourist destinations. Do not explore back roads or isolated paths near tourist sites. Pay close attention to your surroundings, especially when walking or when driving in Guatemala City. Refrain from displaying expensive-looking jewelry, large amounts of money, or other valuable items. Finally, if confronted by criminals, resistance may provoke a more violent response.

Additional information: Pickpockets and purse-snatchers are active in all major cities and tourist sites, especially the central market and other parts of Zone 1 in Guatemala City and the city of Antigua. In a common scenario, an accomplice distracts the victim, while an assailant slashes or simply steals a bag or backpack while the victim's attention is diverted.

We do not allow U.S. government employees to stay in hotels in Zone 1 in Guatemala City and urge private travelers to avoid staying in this area.

Carjackings and highway robberies have become increasingly violent. At least four tourists were killed in highway robbery attempts in 2002 and at least three killed and one wounded in 2003. Many of the robbery attempts have occurred in daylight hours on main highways.

Avoid low-priced intra- and inter-city buses (recycled U.S. school buses); they are a haven for criminals and susceptible to accidents. The use of modern inter-city buses somewhat improves security and safety. There have been, however, several attacks on travelers on first-class buses on highway CA-2 near the border areas with both Mexico and El Salvador and on highways CA-1 and CA-9 near the El Salvador border. Be cautious with personal items such as backpacks and fanny packs while riding buses, as they are a favorite target of thieves.

Do not hail taxis on the street in Guatemala City. Use dispatched taxis or taxis from major hotels instead.

The main road to Lake Atitlan via the Pan-American Highway (CA-1) and Solola is safer than the alternatives, though recent attacks have made caravaning highly recommended. Violent attacks have been consistently reported on secondary roads near the lake.

There have been armed attacks on roads from Guatemala City to the Peten. Visitors to the Mayan ruins at Tikal are urged to fly to nearby Flores and then travel by bus or tour van to the site.

Violent attacks have occurred in the Mayan ruins in the Peten, including in the Cerro Cahui Conservation Park, Yaxha, the road to and inside Tikal Park, and in the Tikal ruins. Tourist police (POLITUR) patrols inside the park have significantly reduced the violent crime incidents inside the park, but travelers should nevertheless remain in groups and on the principal trails leading to the Central Plaza and the Temple IV complex, and avoid remote areas of the park, such as the Mundo Perdido and Temple VI areas.

Foreign residents of Guatemala have special concerns. At least 14 American citizen residents and five American citizen tourists have been murdered since December 1999, and none of the cases has been solved. There has been a recent rise in "express" kidnappings, primarily in Guatemala City, in which a relatively small ransom that can be quickly gathered is demanded. U.S. citizens have been kidnapped in recent years. At least one incident of a random kidnapping, in which the victim was grabbed off the street in an affluent neighborhood of the city, occurred in December 2003 and resulted in a physical and sexual assault.

Although the U.S. Embassy cannot substitute for a deficient Guatemalan police or judicial system, we can help and urge U.S. citizens who are victims of crime to contact the Consular Section of the Embassy for advice and assistance. The Embassy/Consulate staff can, for example, help you find appropriate medical care, to contact family members or friends and explain how funds could be transferred. Consular officers can help you to understand the local criminal justice process and to find an attorney if needed. For a listing of recent serious crime incidents involving foreigners, consult the U.S. Embassy's website, http://usembassy.state.gov/guatemala/.

The loss or theft abroad of a U.S. passport should be reported immediately to the local police and the nearest U.S. Embassy or Consulate. Citizens applying for replacement passports will need to present proof of citizenship and identity. Passport replacement can be facilitated if the traveler has a photocopy of the passport's data page. Original or certified copies of birth certificates are required for children under the age of 14. Photographic proof of identity, such as family photos at different ages, is especially important for young children because of the high incidence of identity fraud involving children. In order to produce the most secure document possible, U.S. passports are now printed in the U.S. except in emergencies; therefore, passport processing normally takes several working days.

U.S. citizens may refer to the Department of State's pamphlet, A Safe Trip Abroad, for ways to promote a trouble-free journey. This pamphlet is available by mail from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402; via the Internet at http://www.gpoaccess.gov; or via the Bureau of Consular Affairs home page at http://travel.state.gov.

Medical Facilities: A full range of medical care is available in Guatemala City, but medical care outside the city is limited. Guatemala 's public hospitals frequently experience serious shortages of basic medicines and equipment. Care in private hospitals is generally adequate for most common illnesses and injuries.

Medical Insurance: The Department of State strongly urges Americans to consult with their medical insurance company prior to traveling abroad to confirm whether their policy applies overseas and whether it will cover emergency expenses such as a medical evacuation. U.S. medical insurance plans seldom cover health costs incurred outside the United States unless supplemental coverage is purchased. Further, U.S. Medicare and Medicaid programs do not provide payment for medical services outside the United States. However, many travel agents and private companies offer insurance plans that will cover health care expenses incurred overseas including emergency services such as medical evacuations.

When making a decision regarding health insurance, Americans should consider that many foreign doctors and hospitals require payment in cash prior to providing service and that a medical evacuation to the U.S. may cost well in excess of $50,000. Uninsured travelers who require medical care overseas often face extreme difficulties. When consulting with your insurer prior to your trip, ascertain whether payment will be made to the overseas healthcare provider or whether you will be reimbursed later for expenses you incur. Some insurance policies also include coverage for psychiatric treatment and for disposition of remains in the event of death.

Useful information on medical emergencies abroad, including overseas insurance programs, is provided in the Department of State's Bureau of Consular Affairs brochure, Medical Information for Americans Traveling Abroad, available via the Bureau of Consular Affairs home page.

Other Health Information: Information on vaccinations and other health precautions, such as safe food and water precautions and insect bite protection, may be obtained from the Centers for Disease Control and Prevention's hotline for international travelers at 1-877-FYI-TRIP (1-877-394-8747); fax 1-888-CDC-FAXX (1-888-232-3299), or via CDC's Internet site at http://www.cdc.gov/travel. For information about outbreaks of infectious diseases abroad consult the World Health Organization's website at http://www.who.int/en. Further health information for travelers is available at http://www.who.int/ith.

Traffic Safety and Road Conditions: While in a foreign country, U.S. citizens may encounter road conditions that differ significantly from those in the United States. The information below concerning Guatemala is provided for general reference only, and it may not be accurate in a particular location or circumstance.

Safety of Public Transportation: Poor
Urban Road Conditions/Maintenance: Good
Rural Road Conditions/Maintenance: Good
Availability of Roadside/Ambulance Assistance: Fair

Driving in Guatemala requires one's full attention, and safe drivers must take extraordinary efforts to drive defensively to avoid dangerous situations.

Because of lax law enforcement, traffic rules are generally ignored. Many drivers do not use their turn signals to alert other drivers. Instead, a common custom is for a driver or passenger to stick a hand out the window and wave it to indicate that they will be taking an unspecified action. Speed limits, lane markings and stop signs are frequently ignored. Passing blindly on winding and/or steep mountain roads, poorly designed surfaces, and unmarked hazards present additional risks to motorists.

Common public transportation is by low-priced buses, which serve every town in the country. Criminal activity and frequent fatal accidents, however, make the low-priced inter-city buses particularly dangerous. Modern inter-city buses offer some security from highway violence, but armed attacks are increasing, showing that all buses are vulnerable.

Although city streets are lit, secondary and rural roads have little to no illumination. The Inter-American Highway (CA-1) and the road from Guatemala City to the Caribbean coast (CA-9) are especially dangerous due to heavy traffic, including large trucks and trailers. There are no roadside assistance clubs and no emergency transit services. Police patrol the major roadways and may assist travelers, but the patrols are sporadic and may be suspended due to budget restraints. For roadside assistance, travelers may call the police by dialing 120 or the fire department by dialing 122 or 123. Cellular telephone service covers most areas frequented by tourists.

Valid U.S. driver's licenses and international driving permits are accepted in Guatemala. Guatemala 's road safety authorities are the Department of Transit and the Joint Operations Center of the National Police. Drivers use the right-hand side of the road in Guatemala, and speed limits are posted depending on the condition of the road. Speed limits are different in rural and urban areas, but are rarely enforced. Drivers often drive at the absolute maximum speed possible for the particular vehicle at the time. Turning right on red is not permitted unless otherwise posted, and drivers must yield when entering a traffic circle. Seat belts must be worn in Guatemala, but there are no laws regarding the use of child safety seats. It is against the law for drivers to operate cellular phones while driving.

People found driving under the influence of alcohol or other drugs are arrested and may serve jail time. In an accident resulting in injury or death, every driver involved is taken into custody and the vehicle(s) impounded until a judge determines responsibility in a re-enactment of the accident. For additional information about road travel in Guatemala, please see the "General Information" section on the Embassy home page at http://usembassy.state.gov/guatemala.

For additional general information about road safety, including links to foreign government sites, please see the Department of State, Bureau of Consular Affairs, home page at http://travel.state.gov/road_safety.html. For specific information concerning Guatemalan driving permits, vehicle inspection, road tax, and mandatory insurance, please contact the Guatemala National Tourist Organization offices via the Internet at http://www.inguat.gob.gt or via e-mail at [email protected] or [email protected].

Aviation Safety Oversight: The U.S. Federal Aviation Administration (FAA) has assessed the government of Guatemala 's civil aviation authority as Category 2—not in compliance with international aviation safety standards for the oversight of Guatemala 's air carrier operations. Consultations to correct the deficiencies are ongoing. Air carriers under oversight by Category 2 aviation authorities are subject to heightened FAA surveillance when flying to the United States and may not add additional flights, new service, or larger capacity aircraft. Guatemala 's main international carrier Aviateca, part of the regional TACA group of airlines, currently operates one of TACA's flights from Guatemala City to the U.S. (Miami). For further information, travelers may contact the Department of Transportation within the U.S. at telephone 1-800-322-7873, or visit the FAA's Internet web site at http://www.faa.gov/avr/iasa/index.cfm.

Customs Regulations: Guatemalan customs authorities may enforce strict regulations concerning temporary importation into or export from Guatemala of items such as antiquities and other cultural property. It is advisable to contact the Embassy of Guatemala in Washington or one of Guatemala's consulates in the United States for specific information regarding customs requirements. In many countries around the world, counterfeit and pirated goods are widely available. Transactions involving such products are illegal and bringing them back to the United States may result in forfeitures and/or fines. A current list of those countries with serious problems in this regard can be found at http://www.ustr.gov/reports/2003/special301.htm. The U.S. Customs Service may impose corresponding import restrictions in accordance with the Convention on Cultural Property Implementation Act. Contact the Customs Service at 202 927-2336 or via the Internet at http://exchanges.state.gov/education/culprop for further information.

Criminal Penalties: While in a foreign country, a U.S. citizen is subject to that country's laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. Penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating Guatemalan laws, even unknowingly, may be expelled, or arrested and imprisoned. Penalties for possession, use, or trafficking in illegal drugs in Guatemala are strict, and convicted offenders can expect lengthy jail sentences and heavy fines. Those arrested on drug charges, even for simple possession of very small amounts, can expect to spend several months in jail before their case is decided. Under the Protect Act of 2003, it is a crime, prosecutable in the United States, for a U.S. citizen or permanent resident alien, to engage in illicit sexual conduct in a foreign country with a person under the age of 18, whether or not the U.S. citizen or lawful permanent resident alien intended to engage in such illicit sexual conduct prior to going abroad.

Under the Protection of Children from Sexual Predators Act of 1998, it is a crime to use the mail or any facility of interstate or foreign commerce, including the Internet, to transmit information about a minor under the age of 16 for criminal sexual purposes that include, among other things, the production of child pornography. This same law makes it a crime to use any facility of interstate or foreign commerce, including the Internet, to transport obscene materials to minors under the age of 16.

Special Circumstances: Non-Guatemalan citizens who wish to marry in Guatemala are required to provide proof of identity and civil status (indicating whether they are single or divorced). Prior notice of the marriage must be given in the Diario de Centro America (Guatemala's Official Record) and any large circulation daily newspaper for fifteen days. The marriage must take place within six months of the publication of the notice.

Disaster Preparedness: Guatemala is a geologically active country. Visitors should be aware of the possibility of earthquakes at any time and the need for contingency plans. There are also four active volcanoes. Volcanic activity, such as that of Fuego Volcano near Antigua in January 2003, has on occasion forced evacuations of nearby villages; the January-February 2000 activity of Pacaya Volcano near Guatemala City also briefly closed Guatemala City's international airport. Both the Caribbean and Pacific coasts of Guatemala are also vulnerable to hurricanes and tropical storms from June through November. Mudslides and flooding during the May to November rainy season often kill dozens of people and close roads. General information about natural disaster preparedness is available via the Internet from the U.S. Federal Emergency Management Agency (FEMA) at http://www.fema.gov/.

Children's Issues: Current information on Guatemalan adoption procedures and the immigrant visa application process is available from the Consular Section of the U.S. Embassy. Prospective adoptive parents are urged to check with the Consular Section to be sure that all required documentation has been approved by the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security and their child's adoption is complete and the "pink slip" issued before traveling to Guatemala to apply for their child's immigrant visa. Adoptive parents are also urged to carry with them complete adoption paperwork when traveling with their adopted child to, from, and within Guatemala. Although Guatemala acceded to the Hague Convention on the Civil Aspects of International Child Abduction in 2002, the U.S. has not accepted Guatemala's accession. The treaty, therefore, is not in effect between Guatemala and the U.S.

For more information on international adoption of children and international parental child abduction, please refer to the Department of State's Internet site at./family/about.html or telephone 1-888-407-4747. The OCS call center can answer general inquiries regarding international adoptions and abductions and will forward calls to the appropriate country officer in the Bureau of Consular Affairs. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328.

Registration/Embassy Location: Americans living or traveling in Guatemala are encouraged to register with the U.S. Embassy through the State Department's travel registration website, https://travelregistration.state.gov, and to obtain updated information on travel and security within Guatemala. By registering, you'll make it possible for the U.S. Embassy to contact you in case of an emergency. You may also wish to send a scanned copy of your U.S. passport to the ACS email address at [email protected] and/or e-mail it to your own address or to someone in the United States. This will enable you to easily retrieve a copy of your passport to facilitate a replacement.

The latest security information is available from the Embassy, including its website (see below). The Consular Section is open for citizen services, including registration, from 7:30 a.m. to 12:00 noon and 1:00 p.m. to 3:30 p.m. Monday through Thursdays and 7:30 a.m. to 11:30 a.m. Fridays, excluding U.S. and Guatemalan holidays. The second and last Friday of each month are reserved for administrative matters; therefore, routine citizen services are not provided. Emergency services are available at all times. The U.S. Embassy is located at Avenida La Reforma 7-01, Zone 10; telephone (502) 331-1541 during Embassy business hours (8:00 a.m. to 5:00 p.m.), or (502) 331-8904 for emergencies during non-business hours; fax (502) 331-0564; Internet web site—http://usembassy.state.gov/guatemala.

Public Announcement

October 29, 2004

This Public Announcement is being issued to remind U.S. citizens of the serious security situation in Guatemala. Although the majority of tourists visit without mishap, violent criminal activity on the highways in Guatemala has increased. Crimes against foreigners have included murder, rape, and armed robbery, increasingly in conjunction with highway banditry. This Public Announcement expires on May 1, 2005.

Although the majority of tourists visit without mishap, violent criminal activity on the highways in Guatemala has increased and tourists, among others, have been targeted. Buses of all categories, tour vans and private vehicles have been stopped, with drivers and passengers robbed, sometimes with violent results. Armed robbers have intercepted vehicles on main roads in broad daylight. Crimes against foreigners have included murder, rape, and armed robbery, increasingly in conjunction with highway banditry. Recent cases of highway banditry have included the rape of women and female minors.

The police force suffers from corruption, inexperience and lack of funds, and the judicial system is weak, over-worked, and inefficient. Criminals, armed with an impressive array of weapons, know there is little chance they will be caught and punished. In some cases, assailants have been wearing full or partial police uniforms and have used vehicles that resemble police vehicles, indicating some elements of the police might be involved. In several recent cases, the assault occurred within minutes of the tourists' vehicle being stopped by the police. Gangs are also a growing concern, both in Guatemala City and in rural Guatemala. Gang members are often well-armed and they sometimes use unprovoked violence. Gang members are believed to be responsible for a substantial increase of frequently violent robberies on inter- and intra-city buses that resemble U.S. school buses; U.S. Mission personnel are not permitted to travel on these buses. Mission personnel continue to observe heightened security precautions in Guatemala City and on the roads outside the capital city.

U.S. citizens are urged to be especially aware of safety and security concerns when traveling in Guatemala. Criminals look for every opportunity, so all travelers should remain constantly vigilant and take appropriate measures to limit risk and losses. Any perception by assailants of resistance by victims may provoke a violent response. The most common highway robberies involve pickup trucks pulling up next to the victims' moving vehicle with occupants brandishing weapons, or isolated roads being blocked and the tourists' vehicle forced to stop. Travel on secondary roads increases the risk of a criminal roadblock; robbers have used mountain roads advantageously to stop buses, vans and cars in a variety of ways.

U.S. citizens who are victims of crime are urged to contact the Consular Section of the Embassy for advice and assistance. U.S. citizens should update their contact information at http://travel.state.gov/travel/abroad_registration.html or at the U.S. Embassy in Guatemala City. The Embassy is located at Ave. la Reforma 7-01, Zona 10. The Embassy telephone number is (502) 2331-1541, the fax for the office of American Citizen Services is (502) 2332-4353, the Embassy website is http://usembassy.state.gov/guatemala/, and the e-mail address is: [email protected].

More information about tourist security is available from the Tourist Protection Office of INGUAT (the Guatemalan Tourist Board) at 7a Avenida 1-17, Zona 4 Centro Cívico, Ciudad de Guatemala. The direct telephone line for tourist assistance is (502) 2-421-2810, the PBX is (502) 2-421-2879, and the fax is (502) 2-421-2891. The e-mail addresses are [email protected] or [email protected]. For emergencies, INGUAT may be reached 24 hours, seven days a week at (502) 5202-5389. Tourist groups may request security assistance from INGUAT, Attention: Coordinator of the National Tourist Assistance Program. The request should be submitted by fax, e-mail, or special messenger service and should arrive at INGUAT at least three business days in advance of the proposed travel, giving the itinerary, names of travelers, and model and color of vehicle in which they will be traveling. Travelers should be aware that INGUAT has very limited personnel and resources, so it might not be able to accommodate all requests.

Updated information on travel and security for Guatemala may be obtained from the Department of State by calling 1-888-407-4747 within the U.S., or from overseas, 1-317-472-2328. U.S. citizens should consult the Consular Information Sheet for Guatemala, the Worldwide Caution Public Announcement, and the travel publication A Safe Trip Abroad, all of which are available on the State Department's Internet site at http://travel.state.gov.

International Adoption

January 2005

The information below has been edited from a report of the State Department Bureau of Consular Affairs, Office of Overseas Citizens Services. For more information, please read the International Adoption section of this book and review current reports online at www.travel.state.gov/family.

Disclaimer: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign counsel.

Guatemala Adoption Procedures: Adoptions by U.S. citizen parents in Guatemala are processed under a "notarial system." Guatemalan attorneys receive and refer potential orphans to parents desiring to adopt a child. If the parents accept the referral, they will provide the attorney with a power of attorney to act on their behalf to complete an adoption. In most cases the attorney represents the birth parent(s), the adopting parents and the child(ren) in the Guatemalan Government proceedings. Please review current reports online at www.travel.state.gov/family for more detailed information.

Responsibilities of Your Agency & Guatemalan Attorneys: The U.S. adoption agency serves as the adopting family's agent, and the Guatemalan attorney serves as an agent for your agency, acting on your behalf. Therefore adoptive parents should be kept informed of all aspects of the identification, care, and adoption process of their prospective adoptive children by the agency or agent. Your adoption agency and/or attorney are your sole contacts for the progress of your adoption in the Guatemalan legal proceedings. You should be aware that the U.S. Embassy does not have information regarding the status of specific cases in the Guatemalan adoption process or Guatemalan passport process nor does the Embassy have authority to intervene in court or in the legal processes in Guatemala adoption process.

Some families have worked directly with an attorney in Guatemala instead of an intermediary agency or law firm in the United States. While they face certain risks and forego the support of organizations with international adoption experience, families that choose competent, experienced, attorneys can have satisfactory experiences. Unfortunately, some parents have experienced problems working with their Guatemalan attorneys, and prospective adoptive parents are encouraged to research their options before selecting an attorney.

U.S. Immigration Requirements: Children adopted abroad who have been in the custody of the adoptive parents for less than two years require U.S. immigrant orphan petitions and orphan visas to enter the United States. Please see the International Adoption section of this book for more details and review current reports online at travel.state.gov/family

Before you travel to Guatemala to receive the child: Before you make airline reservations for yourselves or for an escort and the child, confirm with your Guatemalan attorney or U.S. adoption agency that:

1. If you filed all paperwork in the U.S., the consular section has received a notice of approval of the I-600 petition (visas 38 or 39 cable), and you have all required documents for the interview, including the child's Guatemalan passport and medical exam results.

2. If you plan to file the I-600 petition in Guatemala, the consular section has received a notice of approval of the I-600A application (visas 37 cable), the DHS/ICE office has approved your adoption documents and cleared you for the appointment (after review of the Guatemalan adoption paperwork), and you have all required documents for the interview, including the child's Guatemalan passport.

Escorts: If neither parent plans to travel to Guatemala and the child will be escorted by a third party for the visa interview, the I-600 Petition to Classify Orphan as an Immediate Relative must be filed in the U.S. and the Consular Section must have the official cable (called the Visas 38 or 39) from DHS indicating its approval of the I-600 petition. A notarized statement from the adoptive parents will be required authorizing that person to take the child to the United States for the purpose of placing him/her with the prospective adoptive parent(s). This statement can also be included in the judge's authorization for the child to leave Guatemala. The escort must present at the visa interview an original Affidavit of Support signed and notarized by the petitioner who is sponsoring the child, along with the petitioner's last three years of tax returns (W-2 and 1040) and other documentation.

U.S. Fees: A. DHS Fees for I-600 and I-600A Petitions:

The BCIS fee is $525.00 for an I-600 or I-600A petition. If you have a valid I-600A and file an I-600 within eighteen months of the approval of the I-600A, no fee will be charged for the I-600, provided the petition is for one child or for siblings. If you are petitioning for more than one child and the children are not siblings, an additional fee of $525.00 for the I-600 for each additional child will be charged.

Medical Examination Fee: The adopted child must have a medical examination performed by one of the U.S. Embassy's panel physicians before the immigrant visa can be issued. The cost of this medical examination is approximately $85 ($100 for children 15 or over), payable directly to the panel physician.

U.S. Immigrant Visa Fees: The fee for the immigrant visa application is $335 for the visa issuance for each child. If not previously paid in the U.S., these fees may be paid by credit card or in cash in either U.S. dollars or Guatemalan quetzals (the local currency). The fees do not include the cost of the medical examination, DNA test, documents, or the petition. The Embassy cannot accept personal checks, cashier checks or traveler's checks but will accept the following credit/debit cards: Visa, MasterCard, American Express, Discover, Diners, MasterCard Debit and Visa Debit.

Contacting the U.S. Embassy: Specific questions about your Guatemalan adoption at the Embassy may be addressed by phone, fax, or e-mail to the Immigrant Visa Unit of the Consular Section or to ICE. Please refer to page 1 for division of responsibilities between the two offices.

The Immigrant Visa Unit of the Consular Section at the U.S. Embassy may be reached at [email protected] by telephone at: 011-502-331-1541, extension 4418 by fax at: 011-502-331-0564 by mail at: Immigrant Visas/Adoption Unit; U.S. Embassy Guatemala; Unit 3308; APO, AA 34024.

Questions: You may also contact the Office of Children's Issues, SA-29, 4th Floor, U.S. Department of State, Washington, DC 20520, telephone 1-888-407-4747 with specific questions.